HB4093ham001 98TH GENERAL ASSEMBLY
Rep. Daniel V. Beiser
Filed: 3/13/2014
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 4093




2    AMENDMENT NO. ______. Amend House Bill 4093 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Methamphetamine Control and Community 
5Protection Act is amended  by changing Section 15 as follows:
 
6    (720 ILCS 646/15)
7    Sec. 15. Participation in methamphetamine manufacturing.  
8    (a) Participation in methamphetamine manufacturing.
        
9        (1) It is unlawful to knowingly participate in the 
10    manufacture of methamphetamine with the intent that 
11    methamphetamine or a substance containing methamphetamine 
12    be produced.
        
13        (2) A person who violates paragraph (1) of this 
14    subsection (a) is subject to the following penalties:
            
15            (A) A person who participates in the manufacture of 
16        less than 15 grams of methamphetamine or a substance 
 
 
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1        containing methamphetamine is guilty of a Class 1 
2        felony.
            
3            (B) A person who participates in the manufacture of 
4        15 or more grams but less than 100 grams of 
5        methamphetamine or a substance containing 
6        methamphetamine is guilty of a Class X felony, subject 
7        to a term of imprisonment of not less than 6 years and 
8        not more than 30 years, and subject to a fine not to 
9        exceed $100,000 or the street value of the 
10        methamphetamine manufactured, whichever is greater.
            
11            (C) A person who participates in the manufacture of 
12        100 or more grams but less than 400 grams of 
13        methamphetamine or a substance containing 
14        methamphetamine is guilty of a Class X felony, subject 
15        to a term of imprisonment of not less than 9 years and 
16        not more than 40 years, and subject to a fine not to 
17        exceed $200,000 or the street value of the 
18        methamphetamine manufactured, whichever is greater.
            
19            (D) A person who participates in the manufacture of 
20        400 or more grams but less than 900 grams of 
21        methamphetamine or a substance containing 
22        methamphetamine is guilty of a Class X felony, subject 
23        to a term of imprisonment of not less than 12 years and 
24        not more than 50 years, and subject to a fine not to 
25        exceed $300,000 or the street value of the 
26        methamphetamine manufactured, whichever is greater.
            
 
 
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1            (E) A person who participates in the manufacture of 
2        900 grams or more of methamphetamine or a substance 
3        containing methamphetamine is guilty of a Class X 
4        felony, subject to a term of imprisonment of not less 
5        than 15 years and not more than 60 years, and subject 
6        to a fine not to exceed $400,000 or the street value of 
7        the methamphetamine, whichever is greater.
    
8    (b) Aggravated participation in methamphetamine 
9manufacturing.
        
10        (1) It is unlawful to engage in aggravated 
11    participation in the manufacture of methamphetamine. A 
12    person engages in aggravated participation in the 
13    manufacture of methamphetamine when the person violates 
14    paragraph (1) of subsection (a) and:
            
15            (A) the person knowingly does so in a multi-unit 
16        dwelling;
            
17            (B) the person knowingly does so in a structure or 
18        vehicle where a child under the age of 18, a person 
19        with a disability, or a person 60 years of age or older 
20        who is incapable of adequately providing for his or her 
21        own health and personal care  resides, is present, or is 
22        endangered by the manufacture of methamphetamine;
            
23            (C) the person does so in a structure or vehicle 
24        where a woman the person knows to be pregnant 
25        (including but not limited to the person herself) 
26        resides, is present, or is endangered by the 
 
 
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1        methamphetamine manufacture;
            
2            (D) the person knowingly does so in a structure or 
3        vehicle protected by one or more firearms, explosive 
4        devices, booby traps, alarm systems, surveillance 
5        systems, guard dogs, or dangerous animals;
            
6            (E) the methamphetamine manufacturing in which the 
7        person participates is a contributing cause of the 
8        death, serious bodily injury, disability, or 
9        disfigurement of another person, including but not 
10        limited to an emergency service provider;
            
11            (F) the methamphetamine manufacturing in which the 
12        person participates is a contributing cause of a fire 
13        or explosion that damages property belonging to 
14        another person;

15            (G) the person knowingly organizes, directs, or 
16        finances the methamphetamine manufacturing or 
17        activities carried out in support of the 
18        methamphetamine manufacturing; or

19            (H)  the methamphetamine manufacturing occurs 
20        within 1,000 feet of a place of worship or parsonage, 
21        or within 1,000 feet of the real property comprising 
22        any school, or within 1,000 feet of a site posted as a 
23        pick-up or discharge stop for any conveyance owned, 
24        leased, or contracted by a school to transport students 
25        to or from school or a school related activity.

26        (2) A person who violates paragraph (1) of this 
 
 
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1    subsection (b) is subject to the following penalties:
            
2            (A) A person who participates in the manufacture of 
3        less than 15 grams of methamphetamine or a substance 
4        containing methamphetamine is guilty of a Class X 
5        felony, subject to a term of imprisonment of not less 
6        than 6 years and not more than 30 years, and subject to 
7        a fine not to exceed $100,000 or the street value of 
8        the methamphetamine, whichever is greater.
            
9            (B) A person who participates in the manufacture of 
10        15 or more grams but less than 100 grams of 
11        methamphetamine or a substance containing 
12        methamphetamine is guilty of a Class X felony, subject 
13        to a term of imprisonment of not less than 9 years and 
14        not more than 40 years, and subject to a fine not to 
15        exceed $200,000 or the street value of the 
16        methamphetamine, whichever is greater.
            
17            (C) A person who participates in the manufacture of 
18        100 or more grams but less than 400 grams of 
19        methamphetamine or a substance containing 
20        methamphetamine is guilty of a Class X felony, subject 
21        to a term of imprisonment of not less than 12 years and 
22        not more than 50 years, and subject to a fine not to 
23        exceed $300,000 or the street value of the 
24        methamphetamine, whichever is greater.
            
25            (D) A person who participates in the manufacture of 
26        400 grams or more of methamphetamine or a substance 
 
 
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1        containing methamphetamine is guilty of a Class X 
2        felony, subject to a term of imprisonment of not less 
3        than 15 years and not more than 60 years, and subject 
4        to a fine not to exceed $400,000 or the street value of 
5        the methamphetamine, whichever is greater.


6(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; 
795-571, eff. 6-1-08.)".